How to File for Divorce in Louisiana

In Louisiana, divorces are filed in the District Court for the parish where either spouse is domiciled. Louisiana is a community property state, so most assets and debts acquired during the marriage are part of the community unless a spouse proves they are separate. Most couples file no-fault and finish largely on paperwork if they stay organized.

Requirements to File

At least one spouse must be domiciled in Louisiana when you file. You typically file in the parish of either spouse’s domicile. There is no mandatory pre-filing separation to start a case. For a standard marriage, Louisiana offers two no-fault routes: you may file first and then live separate for the required time, or live separate first and then file. If you have a covenant marriage, special counseling and narrower grounds apply.

Step-by-Step Process

Step 1: Choose your path and gather forms.
Decide between an Article 102 divorce (file, then live separate) or an Article 103(1) divorce (already lived separate). Prepare the Petition for Divorce, Verification/Affidavit, and your financial disclosure. If you have minor children, draft a parenting plan and complete any parish-specific parent education steps.

Step 2: File with the clerk.
File your papers with the District Court clerk in the proper parish. A filing fee applies; request in forma pauperis status if you cannot afford it. You will receive a case number and filed copies.

Step 3: Serve your spouse.
Arrange service by sheriff or a licensed process server. A waiver/acknowledgment of service is permitted if your spouse will sign. If your spouse is out of state, long-arm certified mail service may be available. Keep your proof of service.

Step 4: Observe timelines and any separation requirement.
For Article 102, the separation clock starts upon service or written waiver. For Article 103(1), you must already have lived separate for the full period. Respondents have a short answer deadline after service. Exchange complete, organized financials early to speed settlement.

Step 5: Settle or set a hearing.
If you agree on terms, submit a settlement agreement, child-related orders if applicable, and a proposed Judgment of Divorce. If issues remain, the court may schedule status conferences, mediation, or hearings.

Step 6: Final judgment.
After you meet any separation requirement and the judge approves your paperwork or testimony, the court issues a Judgment of Divorce addressing community/non-community divisions if agreed, interim or final spousal support as appropriate, custody/parenting time, child support, and any name change. Obtain certified copies for agencies and accounts.

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FAQs

What are Louisiana’s no-fault separation periods?
If you have no minor children, the period is generally 180 days of continuous living separate and apart. If you have minor children, it is generally 365 days.

Can I file first and then start the separation?
Yes. Under Article 102, you file, complete service or a written waiver, and then live separate for the required time before requesting the final judgment.

Does a covenant marriage change the rules?
Yes. Covenant marriage requires counseling and has narrower grounds. Some timelines differ, and you may need a prior separation from bed and board before divorce.